Terms of service

Terms and Conditions

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Cancellation

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of FALCON SOLUTIONS PRO LTD Ltd. (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as the “Customer”) and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.

1.3 A business customer within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their trade, business or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days:

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive; or

  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or

  • by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day following the submission of the offer by the Customer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal User Agreement, available on PayPal’s website, or, if the Customer does not have a PayPal account, subject to the terms applicable to payments without a PayPal account. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller’s online order form, the contract text will be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller will not provide any further access to the contract text.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means of identifying input errors more easily may be the browser’s zoom function, which can be used to enlarge the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.8 Order processing is generally carried out automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Cancellation

3.1 Consumers generally have a right of cancellation.

3.2 Further information regarding the right of cancellation can be found in the Seller’s Cancellation Policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including the applicable statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These may include, for example, fees for transferring funds charged by financial institutions (e.g. bank transfer fees or exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified during the Seller’s order processing procedure shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the original shipping costs if the Customer validly exercises their right of cancellation. With regard to return shipping costs, the provisions set out in the Seller’s Cancellation Policy shall apply if the Customer validly exercises their right of cancellation.

5.3 If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or organisation designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the Customer when the goods are handed over to the Customer or an authorised recipient.

Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to a consumer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or organisation designated to carry out the shipment if the Customer has commissioned the forwarding agent, carrier or other person or organisation to carry out the shipment and the Seller has not previously identified that person or organisation to the Customer.

5.4 Collection of goods in person is not possible for logistical reasons.

6) Retention of Title

If the Seller delivers the goods before receiving full payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the provisions below, the statutory provisions regarding liability for defects shall apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a business customer:

  • the Seller shall have the right to choose the type of subsequent performance;

  • for new goods, the limitation period for claims relating to defects shall be one year from delivery of the goods;

  • claims relating to defects are excluded for used goods;

  • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions of limitation periods set out above shall not apply:

  • to claims by the Customer for damages and reimbursement of expenses;

  • if the Seller has fraudulently concealed the defect;

  • to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective;

  • to any existing obligation of the Seller to provide updates for digital products in connection with contracts for the delivery of goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a consumer, the Customer is requested to report any goods delivered with obvious transport damage to the delivery service and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims relating to defects.

8) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.